Case: Baker v. City of New York

1:83-cv-03741 | U.S. District Court for the District of Columbia

Filed Date: Dec. 15, 1983

Clearinghouse coding complete

Case Summary

In 1988, three separate lawsuits were filed in the United States District Court for the District of Columbia, challenging the Secretary of State's refusal to issue nonimmigrant tourist visas to aliens that the plaintiffs had invited to come to the U.S. for public speaking engagements. The State Department denied the visas under Section 212(a)(27) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(27) (1982), which permitted exclusion of aliens who seek to enter U.S. to engage in activi…

In 1988, three separate lawsuits were filed in the United States District Court for the District of Columbia, challenging the Secretary of State's refusal to issue nonimmigrant tourist visas to aliens that the plaintiffs had invited to come to the U.S. for public speaking engagements. The State Department denied the visas under Section 212(a)(27) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a)(27) (1982), which permitted exclusion of aliens who seek to enter U.S. to engage in activities that would prejudice public interest or endanger security of United States. The U.S. citizen plaintiffs claimed that the denial of the visas to the aliens infringed the plaintiffs' First Amendment rights. The three cases and the aliens who requested visas were: Abourezk v. Bush, No. 88-5235 (Tomas Borge, Nicaragua's Minister of the Interior); City of New York v. Baker, No. 88-5236 (Olga Finlay and Leonor Rodriguez Lezcano, members of the Federation of Cuban Women); and Cronin v. Baker, No. 88-5237 (Nino Pasti, former member of the Italian Senate and participant in the World Peace Council).

The District Court (Judge Harold H. Greene) entered judgment in favor of the government. Abourezk v. Reagan, 592 F.Supp. 880 (D.D.C. 1984). Plaintiffs appealed. The Court of Appeals vacated and remanded for further consideration of the issue of whether subsection 27 permitted the exclusion of aliens based solely on a State Department determination that their mere entry or presence in the U.S., rather than their anticipated activities after entry, would prejudice American interests. Abourezk v. Reagan, 785 F.2d 1043 (D.C.Cir. 1986). Certiorari was granted by the U.S. Supreme Court. Reagan v. Abourezk, 479 U.S. 1016, 107 S.Ct. 666, 93 L.Ed.2d 718 (1986). The Supreme Court affirmed. Reagan v. Abourezk, 484 U.S. 1, 108 S.Ct. 252, 98 L.Ed.2d 1 (1987).

On remand, the District Court granted summary judgment for the plaintiffs and ordered that nonimmigrant visas be issued. Abourezk v. Reagan, 1988 WL 59640, 1988 U.S. Dist. LEXIS 5203 (D.D.C. June 07, 1988). The government appealed the Court's orders in the Baker and Cronin cases.

The Court of Appeals found that the Baker case had been rendered moot in light of Presidential Proclamation 5377, which suspended entry of all officials of the Cuban government or those considered to be members of the Cuban communist party. As the Baker plaintiffs were denied entry by the Proclamation 5377, their case was ordered dismissed. In the Cronin case, the Appeals Court remanded so that the District Court could rewrite its order so as to not exceed its authority. City of New York v. Baker, 878 F.2d 507 (D.C.Cir. 1989) rehearing denied by 888 F.2d 134 (D.C.Cir. 1989).

We do not have any further information on the case.

Summary Authors

Dan Dalton (12/30/2007)

People


Judge(s)

Bork, Robert Heron (District of Columbia)

Buckley, James Lane (District of Columbia)

Edwards, Harry Thomas (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Greene, Harold H. (District of Columbia)

Mikva, Abner Joseph (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorneys(s) for Plaintiff

Boudin, Leonard B. (New York)

Copeland, Edward (New York)

Crosby, Margaret C. (California)

Judge(s)

Bork, Robert Heron (District of Columbia)

Buckley, James Lane (District of Columbia)

Edwards, Harry Thomas (District of Columbia)

Ginsburg, Douglas Howard (District of Columbia)

Greene, Harold H. (District of Columbia)

Mikva, Abner Joseph (District of Columbia)

Williams, Stephen Fain (District of Columbia)

Attorneys(s) for Plaintiff

Boudin, Leonard B. (New York)

Copeland, Edward (New York)

Crosby, Margaret C. (California)

Eisenberg, Arthur (New York)

Neuborne, Burt (New York)

Pandya, Amit (District of Columbia)

Schwarz, Frederick A.O. Jr. (New York)

Shaffer, Susan W. (District of Columbia)

Sims, Charles S. (New York)

Singer, Michael Jay (District of Columbia)

Sisk, Gregory C. (District of Columbia)

Stephens, Jay B. (District of Columbia)

Young, Michael D. (New York)

Zimroth, Peter L. (New York)

Attorneys(s) for Defendant

Bernal, David V. (District of Columbia)

Blankenstein, Paul (District of Columbia)

Bombaugh, Robert L. (District of Columbia)

DiGenova, Joseph E. (District of Columbia)

Herwig, Barbara L. (District of Columbia)

Hussey, Thomas W. (District of Columbia)

Shapiro, Steven R. (New York)

Willard, Richard K. (District of Columbia)

Other Attorney(s)

McKay, Robert B. (New York)

Quarles, Steven P. (New York)

Documents in the Clearinghouse

Document

1:83-cv-03741

0:83-cv-03739

0:83-cv-03895

Opinion

New York v. Schultz

592 F.Supp. 880

July 27, 1984

July 27, 1984

Order/Opinion

84-05673

84-05681

84-05708

USCA Opinion

New York v. Schultz

U. S. Court of Appeals for the District of Columbia Circuit

785 F.2d 1043

March 11, 1986

March 11, 1986

Order/Opinion

86-00656

Supreme Court Order

Reagan v. Abourezk

Supreme Court of the United States

479 U.S. 1016

Dec. 15, 1986

Dec. 15, 1986

Order/Opinion

86-00656

Per Curiam

Reagan v. Abourezk

Supreme Court of the United States

484 U.S. 1, 98 L.Ed.2d 1

Oct. 19, 1987

Oct. 19, 1987

Order/Opinion

1:83-cv-03741

0:83-cv-03739

0:83-cv-03895

Opinion

Reagan v. Abourezk

1988 WL 59640

June 17, 1988

June 17, 1988

Order/Opinion

88-05236

88-05237

Opinion [re: Dismissal of Appeal]

City of New York v. Baker

U. S. Court of Appeals for the District of Columbia Circuit

878 F.2d 507, 1989 U.S.App.LEXIS 9874

July 11, 1989

July 11, 1989

Order/Opinion

88-05236

88-05237

Opinion [re: Appellate's Petition for Rehearing]

City of New York v. Baker

U. S. Court of Appeals for the District of Columbia Circuit

888 F.2d 134, 1989 U.S.App.LEXIS 15780

Oct. 6, 1989

Oct. 6, 1989

Order/Opinion

Resources

Docket

Last updated Aug. 10, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: District of Columbia

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 15, 1983

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Individual aliens who were denied visas, and that had been invited by American citizens and organizations to come to the U.S. at various times in 1983 to engage in public speaking events.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State, Federal

Immigration and Naturalization Service, Federal

Case Details

Causes of Action:

Immigration and Nationality Act (INA), 8 U.S.C. §§ 1101 et seq.

Availably Documents:

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1988 - None

Issues

Immigration/Border:

Admission - criteria

Constitutional rights

Temporary visitors

Visas - criteria

Visas - procedures